Terms & Conditions

The use of any of our services are given on the strict understanding of the terms and conditions below and those composed within our emails. If a specific contract exists between us and a client, that contract takes precedence over these terms and conditions.

Our service is provided by Made in Trenbania, Trenbane House, Trenbane, Carndonagh, County Donegal, F93 HNR3, Ireland

OUR SERVICE

When a client hires us to build/create/design/develop a website, they agree that they are hiring us to use our best judgement and interpretation of the requirements they have provided within any design brief (or pre-design questionnaire/PDQ). It is the responsibility of the Client to make sure that all their requirements are included within the design brief.

The Client agrees that sometimes our interpretation of the provided requirements will differ from their own interpretation, but agree that the website will be designed and created to our interpretation.

PAYMENTS

The Client agrees to make payments to us within 30 days of being invoiced.

If we have agreed a structured payment term for the project, it is on the strict condition that the first payment is invoiced at the outset of the contract, and the final invoice is issued when the project is 75% complete. The Client agrees that they will solely go by our judgement of when the project is 75% complete.

All payments will be made by bank transfer or cheque.

All outstanding fees become due if the Client cancels, ends or does not continue with the project.

The Client authorises that we can, at our own discretion, take payment of outstanding and due fees whenever we see fit.

The full payment becomes due after us not receiving project information that is needed for us to provide the service, for a period of more than 45 days.

RESTRICTIONS

Unless otherwise agreed in writing, our quote for the web design project does not include adding any of the following to the project website; blog posts, blog categories, blog tags or anything else within the websites blog, shop categories, shop tags, shop products or anything else within the websites shop, and testimonials.

The Client agrees that we will not include anything within the project that could damage the reputation of our company.

The Client agrees that they will not add anything within the completed project, or any other website, that could damage the reputation of our company

WEBSITE HOSTING

We include one year of our standard website hosting in the website design project cost. The length of this hosting will depend on the package purchased, but is usually 12 months. Our standard service includes your website being backed up every day to ensure all changes are saved, so you can rely on being able to restore progress and updates.

The Client agrees to host the project website with us for a minimum of 3 years.

The Client must avail of our Website Support Agreement that ensures we maintain the website server’s integrity by applying security hardening techniques, regularly updating server and website software. This also includes speeding up the website by using caching technology and making a daily backup of the website.

It is the Client’s responsibility to pay their hosting renewal fee within 30 days of receiving our invoice.

If the Client does not pay the renewal cost for the hosting within those 30 days, we may take down the Client’s website, and any emails connected to the domain name.

The Client is responsible for all associated hosting fees; unless we receive a cancellation notification from the Client, giving at least 30 days’ notice.

All quotes we provide are on the strict condition that the project website is hosted with us.

PROJECT LENGTH

The estimate we give for the time a project will take to be completed starts from the next working day after the Design Brief is received back; fully completed, from the Client. The project will likely be delayed if anything is missing from the Design Brief

The amount of time that is given to complete a project is only an estimate. The Client agrees that the project my take considerably longer to complete.

CHANGES

When our team have finished the project website, the Client may request changes to the website in writing.

We will only undertake changes requested that allow us to work within the scope of the website design project.

PROJECT COMPLETION

The website project is deemed as complete when our Client has informed us that they are ready for the website to be moved on to their own domain. At this point, we will no longer be obligated to undertake any further work on the website.

If a Client chooses to host the project website away from us, it will be delivered to the Client in a zip folder via a download link. The site files will be a direct copy of the site the Client approved, it will solely be the Clients responsibility to change any URLs to the Clients own domain’s URL. Additionally, it will be the Client’s own responsibility to undertake all aspects of setting up the project website on their domain/hosting, unless included in our quote.

CREDITS It is important that we are properly credited for our work, therefore the Client agrees;

We can, at our own discretion, add a link to our website in the footer of the project website. For example, it could say: “Website designed by” followed by our company name and/or website address.

SUPPORT

Support is available for websites that we host on our own server. If a Client’s website is not hosted by us, we will endeavour to provide support, but this will be chargeable.

CANCELLATION

Under “The Consumer Contracts Act 2013” (UK) and “European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (SI 484/2013)” (Ireland) the Client may have a right to cancel our contract within 14 days by sending an email to [email protected]

We will only work with Clients who cooperate with our team in building their website/completing the project. If a customer does not reply to our emails/phone calls for 4 consecutive weeks, or fails to provide something to us for 4 consecutive weeks we reserve the right to stop working on the project. The Client will still be liable to pay the full agreed cost of the project.

The Client has a right to cancel the Contract for whatever reason they see fit, however the Client agrees that they will pay the full project amount to us.

INTEREST AND COMPENSATION We reserve the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 (UK) and European Communities (Late Payment in Commercial Transactions) Regulations 2012 (Ireland) and it is agreed that the term implied by that Act shall apply after any judgment as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 or European Communities (Late Payment in Commercial Transactions) Regulations 2012 is also a reference to any amendment, modification or re-enactment of it. If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 or European Communities (Late Payment in Commercial Transactions) Regulations 2012 does not apply, interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate from time to time.

COST UNDER CONTRACT Without prejudice to our right to claim costs under the Late Payment of Commercial Debts (Interest) Act 1998 or European Communities (Late Payment in Commercial Transactions) Regulations 2012, if for any reason any payment is not made when due we reserve the right to be paid on an indemnity basis any costs we incur in recovering any money due under this contract (and the costs of recovering such costs) including our administrative costs and any costs incurred with lawyers or debt collection agencies. Our administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent. In calculating our administrative costs credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998 or European Communities (Late Payment in Commercial Transactions) Regulations 2012.

THE WHOLE AGREEMENT These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.

THE LAW The laws of Ireland apply to your use of the website and these conditions. We control the website from within Ireland. However, you can get access to the website from other places around the world. Although these places may have different laws from the laws of Ireland, by using the website you agree that the laws of Ireland will apply to everything relating to you using the website and you agree to keep to these laws. We reserve the right to take you to court in the country you live in. The law applicable in your country will be utilized to settle any (as yet unheard of) lawful dispute.